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Filming in Australia?

L

Luke Holwerda

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www.blackchalkproductions.com
I had a question about bringing a small American film crew to Australia.

I'm planning to go shoot for about 10 days... just at conventions/lectures... I'm just curious if I'll need any kind of "special" visa to be allowed through customs with a bunch of camera gear? Does anyone have any experience coming from the US and entering Australia? What are the possible roadblocks?

Thanks.
 
Hi Luke,

I have filmed in Australia for a documentary series for a few months in 2010. Although I live in The Netherlands, I came flying in from the Galapagos via The United States.
Getting a Business Visa was very easy by filling out a form online. The site stated it could take weeks to receive it, but I got my visa within days by email.

Because Australia accepts ATA Carnets it was no problem getting my equipment in.

I was very clear and honest about my intentions at customs (filming a documentary) and they were very friendly - no problem there.
The only thing is that if you were in a yellow-fever country within six days prior to your arrival (like I was), you should be able to present an international vaccination certificate.

Hope this helps!

Cheers,
Joost van Herwijnen
 
Yes you do. You can not perform any business activities or filming under tourist visa (400) or business visa. If you are caught on business or tourist visa performing work or filming, the consequences could be pretty bad (confiscated equipment, fines, deportation, ban on future entry to the country, etc...)

You need to apply for Subclass 423 visa.

If you just going for a reckie to ensure the equipment works, inspect the location, arrange permits etc...and the film you are making is NOT going for International distribution, you may get away with Subclass 456 for such purpose.

To apply for sutable visa you need to contact MEAA (www.alliance.org.au), which issues suitable permits required for Immigration department to give you correct visa.

The requirements hat you need to meet are to ensure that Australian film makers and economy have a net and reasonable benefit. It is therefore much easier to obtain by associating the production with local production company.

If you need any help, let me know. I know the policy officer at MEEA and worked with her on several projects in the past and I am familiar with what is needed to get it over the line.

I can be best contacted by email: pawel.achtel (at) 24x7.com.au
 
Herring said:
...I was very clear and honest about my intentions at customs (filming a documentary) and they were very friendly - no problem there.
Click to expand...

You were lucky they obviously were not familiar with the legislation and immigration laws in Australia. It is common and BBC and other crews routinely (and often knowingly) breached those laws in the past. It is, however, illegal.
 
Routinely international crews shoot in OZ ...it is no biggy. Sounds like its for a conference so it should be even easier check with the Australian consul for details. We are "shoot friendly" here not shoot unfriendly.
 
Mike, you are breaching the laws and the fact that you get away with it does not make it legal. Australians need work vises and permits to film in Amarica and just about any other country. Likewise, foreigners (and this includes Americans) are required to have Subclass 423 VISA to perform film making activities.

More information about 423 Visa requirements are here:

http://www.immi.gov.au/skilled/specialist-entry/423/

The application can be found here:

http://www.immi.gov.au/skilled/specialist-entry/423/

Filming in Australia on any other visa for the purpose of producing a film is a serious breach of immigration law and constitutes a Federal offence. I wouldn't call it "no biggie" just because you were lucky in the past as it may end up in detention, deportation, imprisonment, fines and confiscation of the filming equipment.
 
Hey Pawel,

Thankyou for posting the link for Luke & others.......

The critical point is the intention of "is it for Australian airing / consumption." As stated here......
visa1.jpg
[/IMG]

From what Luke described this is not the case.......... he will be fine . This summarizes the intention of the document.


visa2.jpg
[/IMG]

It is not designed to close down Australia to international crews, in fact the opposite. We are very small nation, many of us do work internationally the last thing we need is more restrictive work practises operating in reverse.
 
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Mike, you are incorrect.

The federal immigration laws are specifically design to protect jobs in Australia, including film making jobs. We are protecting our jobs essentially just like any other country does and should do. As an Australian you can not go to U.S. for the purpose of filming without suitable specialist visa. Likewise, Americans (or any other nationals maybe except Kiwis) are required to have proper visa and this has to be approved by the Alliance (MEAA). Tourist visa is inappropriate for the purpose of commercial filming irrespective of intentions.

If the intention is to provide news coverage (as opposed to a documentary film, which requires 432 Visa), he will still need proper visa other than subclass 400 tousrist visa or business visa. It may be appropriate to apply for Subclass 456 Visa, I don't know the specific circumstances. But, it is incorrect to say that you can use subclass 400 visa (a tourist visa) to undertake any filming work in Australia.

Alternatively Subclass 420 visa may be applicable. For different visa options please refer to: http://www.immi.gov.au/skilled/specialist-entry/visa-options.htm

If unsure, he should contact Alliance (MEAA) for advice: http://www.alliance.org.au/contact-us/media-entertainment-and-arts-alliance

This is the industry body processing, granting or rejecting applications for specialised entry visa relating to film making activities, whatever they may be.
 
Pawel Achtel said:
Mike, you are incorrect.

The federal immigration laws are specifically design to protect jobs in Australia,

he should contact Alliance (MEAA) for advice: http://www.alliance.org.au/contact-us/media-entertainment-and-arts-alliance

This is the industry body processing, granting or rejecting applications for specialised entry visa relating to film making activities, whatever they may be.
Click to expand...


Oh my.... The Unions.

And this is why Australia as a so called film friendly nation is dying an ugly slow death... and why Aussie films are usually rubbish.

It's no wonder I take millions of dollars worth of work over seas each year.. because Australia is over priced, slow and way to many hurdles to jump... It's becoming like LA every minute, but has much less to offer.


Sorry guys... Of topic..
Yes, get yourself a little work visa. safer... easy enough. and a carn'e to get your gear in and out....

Same as if we were shooting in the US.

Or... if you can rent the gear here... and you all just came in on a holiday VISA then who would ever know... or care.
 
Mark, sorry to go off-topic, but I respectfully disagree.

We have many talented film makers, capable of making films far better than overseas film crews. The reason Australian films are poor (and most often not made at all) is because we struggle to pre-sell them overseas. The reason we can not sell those films overseas is because foreign production companies come in on tourist visas and take our jobs. Why would the BBC or National Geographic employ Australians? They don't if they can come in, film and sell us the end product. No other country in the world is this stupid. We have wonderful resources, wilderness and wildlife as well as local knowledge and talent, yet we give it all away overseas for a dime...only to buy it back spending millions of tax-payers money and licensing films from the BBC and alike. Penny wise and pound stupid.

Why do you think ABC is selling and broadcasting BBC films and no Australian-made films can be found? Do you think there is shortage of Australian film makers or talent? No, we have some of the best people in the industry unable to sustain themselves because BBC, Nat Geo, Discovery, NHK and just about everyone else can circumvent the laws and do it themselves for nothing. Local DOPs, sound recordists do not get those jobs and they can not sell their films overseas because those foreign production companies don't need them anymore to produce films in Australia.

For this reason, for example, wildlife film making become not viable business in Australia. I know numerous talented film makers that ended up giving up for exactly this reason.

I'm not particularily fond of Unions myself, but in this case, I disagree. Every other country protects their work force, particularily independed film makers and sundos, why shouldn't we? The law is actually federal, not Union based. The union only decides whether or not the purpose of the filming is going to have a net benefit to Australia. And, why not?

You should see the draconian requirements needed to film in Indonesia, for example. Been there done that. If other countries were not protecting their work force, I would go and film overseas in no time. But it is not this easy and I would rather see Australian laws, jobs and interests protected and film in our own country producing beautiful films that I could sell overseas.
 
Unfortunately Pawel... I think I work the big wide world a little more than yourself and I see massive benefits from those draconian countries you speak of and there are many of them...
I see how they take a lot of the work from Australia, NZ, US, Europe without even trying. Because Australia (and NZ) does not make it easy for the world to come play in its back yard, its as simple as that.
If know work comes into AUS because of non flexibility from unions.. then know one gets paid... simple math.
Why make it hard for people to come into AUS... How big do you think Australia is in the film world... We are tiny, very very tiny in the world with a big land mass...

If a small crew come in from the US just to shoot a couple of heads in the back of a conference hall... Even if they hire a few batteries., a tripod, local runner... maybe a gaffa for simple lights, a hotel, food... taxis, etc etc etc... at least they are spending something instead of nothing if they are refused entry. Them what happens is a conference member with a 5d shoots the heads and emails the shot back to them..

I have Aussie crews knocking my down looking for work... Starving! and its not because a BBC doco crew want to shoot a colourful lizard in the desert with there won crew or to shoot a few heads at a conference...
Its because there is know benefits for more work to come here. No tax insentives. Crews that charge 8hour days then double time on saturday sundays... No flexibility with Visas for smaller jobs.. expensive locations.... Local council permitting always made hard to manage... not enough good actors in the country that don't have accents..
The dollar is absolute crap at the moment so shooting here is expensive... Not being able to shoot with over seas actors and haveing to replace them with Aussie actors that you don't want portrayed in your film... because its an American film of an American traveling to AUS being chased by an American CIA assen as a scene in the movie. You as a producer are not wanting to make an AUSSIE content film other than use a few Aussie locations, you just want to find a cost benefit or a location that may suite that part of your film... but its to hard becuase you do not forefill MEAA requirements so you take the film to a country that wants you to shoot there and BOOM! Australia misses out again.

Hence why all our great crews of Australia are starving...

A producer like myself take work offshore for the reason is because the world is heading into a financial depression (probably in it all ready) Budgets are being slashed globally.. So when I get a job in from China, Spain... Indonesia, India, US where ever! ... And I really want to shoot it in AUS, I can't... becuase I cannot bring in the Indo actors, or the Inidan Actors.. Some of the production key crew... Visa's are then not issued... So the whole job then ends up going to South Africa with open arms...

This is what a global producer does... they hunt the world looking for bargains to get a well produced TVAD or FILM done and made... Why do you think an AUSSIR FILM like MAD MAX has gone to Africa...

I can sit here for quite a while typing reasons why Australia & NZ is not worth shooting in at the moment... and its not because I don't love these two countries because I do, it's just because Australian officialdom, unions and one eyed inexperienced producers sitting on film boards have made it to awkward and difficult to shoot here. Making it to hard to get the production values you want or need... FACT!

Mathematics and logistics Pawel.. those are the two things that make the film & TV machine move. if you have heavy logistics and the math does not work out to suite your budget... then where do you go.... every where else that wants you. Maybe you forget about the competing nature of the rest of the world.

So the question is to you why can't Australia get at least a little bit from some of these projects, at least get a chance to bring a job to AUS... so at least the Hotel, taxi driver, rental house, a grip or gaffa get some work from it... Why do you think it has to be 60, 70, 80% % Australian run and then loose the whole bloody job to the other competitive markets. Then all those crews get nothing.

Time to smell the truth about financial global realities. The world is smaller than your think... Australia is even smaller... Don't think Australia is a FILM making power house, its not... It needs to flex to suite the world market place, not stand on its heals and go backwards.

People need to pay bills here, there is no need to make it hard or expensive for people to bring work here...

Enough said.
I'm not going to prolong this... I have my say with political leaders and film commissions of this county. I'm afraid its a dead augment and Australia loses unfortunately....

So back on Topic. Luke... Get a visa and try to spend some money while your here... :)


PS... I Like some of your under water work Powel.. looks very nice :)
 
Thanks Mark for different perspective. I agree that shooting a few heads on a conference is harmless and requiering 423 visa for it is a bit overkill, but I still disagree about wildlife films, which I'm closer to. I can see two sides of the coin and there are different circumstances for different production genre and sizes. My arguments are coming from natural history and doco productions and I strongly believe that there is a substantial net loss (in jobs and local content) from the fact that Australian government puts a blind eye and allows multi-million dollar productions to operate in Australia on tourist visas.

I guess we need to agree to disagree :yesnod:
 
Mark , Well put about the production realities of the world & Oz.

Luke, come to OZ have a great time shooting spend a few bucks on our beer , our nightlife, our scenery ....in other words welcome!
 
Big change happening here in NZ this month with immigration allowing crew in for up to 14 days with no vetting or objection.

I agree with Mark Toia, it is always good when overseas productions come. They sometimes employ me, they sometimes rent gear from me. If I am not involved they might be spending their money down at my local pub. Visiting productions are a good thing and we need to make it easy for them.
 
Ben,

I couldn't agree more. The point I was making was that when they come and don't employ you, don't rent your gear, and then sell the end product back to Australia that is often purchased using tax payer's money and purchased instead of local content. The government's role should be to help everyone benefit from foreign crews coming down and filming here and ensuring that this is the case. It seems to me that, as Mark explained, the government is too strict with feature and commercial applications and too laxed doing nothing about $40 million natural history film crews coming here on inappropriate visas and spending comparatively very little locally.
 
Pawel Achtel said:
Mark, sorry to go off-topic, but I respectfully disagree.

We have many talented film makers, capable of making films far better than overseas film crews. The reason Australian films are poor (and most often not made at all) is because we struggle to pre-sell them overseas. The reason we can not sell those films overseas is because foreign production companies come in on tourist visas and take our jobs. Why would the BBC or National Geographic employ Australians? They don't if they can come in, film and sell us the end product. No other country in the world is this stupid. We have wonderful resources, wilderness and wildlife as well as local knowledge and talent, yet we give it all away overseas for a dime...only to buy it back spending millions of tax-payers money and licensing films from the BBC and alike. Penny wise and pound stupid.

Why do you think ABC is selling and broadcasting BBC films and no Australian-made films can be found? Do you think there is shortage of Australian film makers or talent? No, we have some of the best people in the industry unable to sustain themselves because BBC, Nat Geo, Discovery, NHK and just about everyone else can circumvent the laws and do it themselves for nothing. Local DOPs, sound recordists do not get those jobs and they can not sell their films overseas because those foreign production companies don't need them anymore to produce films in Australia.

For this reason, for example, wildlife film making become not viable business in Australia. I know numerous talented film makers that ended up giving up for exactly this reason.

I'm not particularily fond of Unions myself, but in this case, I disagree. Every other country protects their work force, particularily independed film makers and sundos, why shouldn't we? The law is actually federal, not Union based. The union only decides whether or not the purpose of the filming is going to have a net benefit to Australia. And, why not?

You should see the draconian requirements needed to film in Indonesia, for example. Been there done that. If other countries were not protecting their work force, I would go and film overseas in no time. But it is not this easy and I would rather see Australian laws, jobs and interests protected and film in our own country producing beautiful films that I could sell overseas.
Click to expand...

Pawel you almost sound like a protectionist....

I believe talented people will always have work. Protected people, on the other hand, usually loose their work quite quickly. It's strange how that works. Here in sweden the protection laws and unions just killed the Auto manufacturing industry.
 
Agreed , the last thing everyone needs is more bureaucratic crap & paperwork from public servants who like french cinema from the 60's and sit on film boards because they can't make it out in the real production world. This is why many talented production people are now training to be baristas.

Pawel I know nothing about nature doco's, I understand where your coming from, even sympathise. But as a Producer I have a tough time believing that for a $40 million international production being shot here there is no cost benefit for the Oz economy. Production is a business it must be profitable to survive, it is not a sheltered workshop for craftsmen making lovely media for .1 % of the viewing audience & can ignore the dictates of the market. Unfortunately this is a hard truth.....a very hard truth. What you have described is a bitch I have a lot of empathy for your situation..

Luke apologies it seems we've hijacked your thread.......
 
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Björn Benckert said:
Pawel you almost sound like a protectionist....

I believe talented people will always have work. Protected people, on the other hand, usually loose their work quite quickly. It's strange how that works. Here in sweden the protection laws and unions just killed the Auto manufacturing industry.
Click to expand...

Not really. Talking from natural history/documentary genre, I have seen some great independent local film makers failed because of that. Unfortunately, it is not always about talent and quality. If you can't get the financing, your talent doesn't matter. And, if you don't get financing because the national broadcaster is in bed with foreign production houses, what do you do?

What I'm saying is that Australians need a proper visa to film in other countries, large or small. As Australians we can't go to film in US, we can't film in Sweden, we can't film in Indonesia, we can't film anywhere except Australia because each and every country in the world protects their local interests...Australia has laws to do so, but puts a blind eye when it comes to policing those laws. I can't see this being an advantage to anyone except those blatantly breaching Australian laws...which most big feature productions would not do and because of all the red tape it is lose-lose scenario for everyone.

I'm all for foreign production companies filming in Australia, but not at a cost to local jobs and content. And, it doesn't have to be that way.

Sorry, Luke...keep hijacking your thread, but it seems relevant to your question somewhat :)
 
Mike Garrick said:
...But as a Producer I have a tough time believing that for a $40 million international production being shot here there is no cost benefit for the Oz economy......
Click to expand...
Trust me, there are and probably 90% of that $40mil is spent on foreign crew, foreign equipment, foreign management, foreign post production, etc...The only money spent locally is on logistics, permits and accomodation that, if the crew was Australian, whould have been spent anyway. The difference is that the profits all go off-shore and local DOPs, sundos, and other freelancers can't get work, even for less money and more skill. Again, this is natural history/documentary perspective. I understand that this may not be the case in other genres, like Mark suggested.
 
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